(a) Date of Release. - A prisoner shall be released by the Bureau
of Prisons on the date of the expiration of the prisoner's term of
imprisonment, less any time credited toward the service of the
prisoner's sentence as provided in subsection (b). If the date for
a prisoner's release falls on a Saturday, a Sunday, or a legal
holiday at the place of confinement, the prisoner may be released
by the Bureau on the last preceding weekday.
(b) Credit Toward Service of Sentence for Satisfactory Behavior. -
(1) Subject to paragraph (2), a prisoner who is serving a term of
imprisonment of more than 1 year (!1) other than a term of
imprisonment for the duration of the prisoner's life, may receive
credit toward the service of the prisoner's sentence, beyond the
time served, of up to 54 days at the end of each year of the
prisoner's term of imprisonment, beginning at the end of the first
year of the term, subject to determination by the Bureau of Prisons
that, during that year, the prisoner has displayed exemplary
compliance with institutional disciplinary regulations. Subject to
paragraph (2), if the Bureau determines that, during that year, the
prisoner has not satisfactorily complied with such institutional
regulations, the prisoner shall receive no such credit toward
service of the prisoner's sentence or shall receive such lesser
credit as the Bureau determines to be appropriate. In awarding
credit under this section, the Bureau shall consider whether the
prisoner, during the relevant period, has earned, or is making
satisfactory progress toward earning, a high school diploma or an
equivalent degree. Credit that has not been earned may not later be
granted. Subject to paragraph (2), credit for the last year or
portion of a year of the term of imprisonment shall be prorated and
credited within the last six weeks of the sentence.
(2) Notwithstanding any other law, credit awarded under this
subsection after the date of enactment of the Prison Litigation
Reform Act shall vest on the date the prisoner is released from
(3) The Attorney General shall ensure that the Bureau of Prisons
has in effect an optional General Educational Development program
for inmates who have not earned a high school diploma or its
(4) Exemptions to the General Educational Development requirement
may be made as deemed appropriate by the Director of the Federal
Bureau of Prisons.
(c) Prerelease Custody. -
(1) In general. - The Director of the Bureau of Prisons shall,
to the extent practicable, ensure that a prisoner serving a term
of imprisonment spends a portion of the final months of that term
(not to exceed 12 months), under conditions that will afford that
prisoner a reasonable opportunity to adjust to and prepare for
the reentry of that prisoner into the community. Such conditions
may include a community correctional facility.
(2) Home confinement authority. - The authority under this
subsection may be used to place a prisoner in home confinement
for the shorter of 10 percent of the term of imprisonment of that
prisoner or 6 months.
(3) Assistance. - The United States Probation System shall, to
the extent practicable, offer assistance to a prisoner during
prerelease custody under this subsection.
(4) No limitations. - Nothing in this subsection shall be
construed to limit or restrict the authority of the Director of
the Bureau of Prisons under section 3621.
(5) Reporting. - Not later than 1 year after the date of the
enactment of the Second Chance Act of 2007 (and every year
thereafter), the Director of the Bureau of Prisons shall transmit
to the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives a report
describing the Bureau's utilization of community corrections
facilities. Each report under this paragraph shall set forth the
number and percentage of Federal prisoners placed in community
corrections facilities during the preceding year, the average
length of such placements, trends in such utilization, the
reasons some prisoners are not placed in community corrections
facilities, and any other information that may be useful to the
committees in determining if the Bureau is utilizing community
corrections facilities in an effective manner.
(6) Issuance of regulations. - The Director of the Bureau of
Prisons shall issue regulations pursuant to this subsection not
later than 90 days after the date of the enactment of the Second
Chance Act of 2007, which shall ensure that placement in a
community correctional facility by the Bureau of Prisons is -
(A) conducted in a manner consistent with section 3621(b) of
(B) determined on an individual basis; and
(C) of sufficient duration to provide the greatest likelihood
of successful reintegration into the community.
(d) Allotment of Clothing, Funds, and Transportation. - Upon the
release of a prisoner on the expiration of the prisoner's term of
imprisonment, the Bureau of Prisons shall furnish the prisoner with
(1) suitable clothing;
(2) an amount of money, not more than $500, determined by the
Director to be consistent with the needs of the offender and the
public interest, unless the Director determines that the
financial position of the offender is such that no sum should be
(3) transportation to the place of the prisoner's conviction,
to the prisoner's bona fide residence within the United States,
or to such other place within the United States as may be
authorized by the Director.
(e) Supervision After Release. - A prisoner whose sentence
includes a term of supervised release after imprisonment shall be
released by the Bureau of Prisons to the supervision of a probation
officer who shall, during the term imposed, supervise the person
released to the degree warranted by the conditions specified by the
sentencing court. The term of supervised release commences on the
day the person is released from imprisonment and runs concurrently
with any Federal, State, or local term of probation or supervised
release or parole for another offense to which the person is
subject or becomes subject during the term of supervised release. A
term of supervised release does not run during any period in which
the person is imprisoned in connection with a conviction for a
Federal, State, or local crime unless the imprisonment is for a
period of less than 30 consecutive days. Upon the release of a
prisoner by the Bureau of Prisons to supervised release, the Bureau
of Prisons shall notify such prisoner, verbally and in writing, of
the requirement that the prisoner adhere to an installment
schedule, not to exceed 2 years except in special circumstances, to
pay for any fine imposed for the offense committed by such
prisoner, and of the consequences of failure to pay such fines
under sections 3611 through 3614 of this title.
(f) Mandatory Functional Literacy Requirement. -
(1) The Attorney General shall direct the Bureau of Prisons to
have in effect a mandatory functional literacy program for all
mentally capable inmates who are not functionally literate in
each Federal correctional institution within 6 months from the
date of the enactment of this Act.
(2) Each mandatory functional literacy program shall include a
requirement that each inmate participate in such program for a
mandatory period sufficient to provide the inmate with an
adequate opportunity to achieve functional literacy, and
appropriate incentives which lead to successful completion of
such programs shall be developed and implemented.
(3) As used in this section, the term "functional literacy"
(A) an eighth grade equivalence in reading and mathematics on
a nationally recognized standardized test;
(B) functional competency or literacy on a nationally
recognized criterion-referenced test; or
(C) a combination of subparagraphs (A) and (B).
(4) Non-English speaking inmates shall be required to
participate in an English-As-A-Second-Language program until they
function at the equivalence of the eighth grade on a nationally
recognized educational achievement test.
(5) The Chief Executive Officer of each institution shall have
authority to grant waivers for good cause as determined and
documented on an individual basis.